A.
In accordance with § 185-3 of this chapter, all regulated activities, as defined in § 185-10 of this chapter, shall not be initiated until unconditional stormwater management plan approval is obtained and a stormwater management permit has been issued, unless preparation and submission of a stormwater management plan is specifically exempted or the activity qualifies as a small project.
B.
Stormwater management site plans approved by the Township, in accordance
with this chapter, shall be on site throughout the duration of the
regulated activity.
C.
The Township may, after consultation with DEP, approve measures for
meeting the state water quality requirements other than those in this
chapter, provided that they meet the minimum requirements of, and
do not conflict with, state law, including, but not limited to, the
Clean Streams Law.[1] The Township shall maintain a record of consultations
with DEP pursuant to this subsection. Where an NPDES permit for stormwater
discharges associated with construction activities is required, issuance
of an NPDES permit shall constitute satisfaction of consultation with
DEP.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
D.
Plans prepared for all regulated activities shall include such measures
as necessary to:
(1)
Protect health, safety, and property;
(2)
Meet the water quality goals of this chapter by implementing measures
to:
(a)
Protect and/or improve the function of floodplains, wetlands,
and wooded areas.
(b)
Protect and/or improve native plant communities including those
within riparian buffers.
(c)
Protect and/or improve natural drainageways from erosion.
(d)
Minimize thermal impacts to waters of this commonwealth.
(e)
Disconnect impervious surfaces by directing runoff to pervious
areas wherever possible.
E.
A justification must be included in the SWM site plan if BMPs other
than green infrastructure methods and LID practices are proposed to
achieve the volume, rate and water quality controls under this chapter.
A.
The following regulated activities are specifically exempt from the
stormwater management site plan preparation and submission requirements
of this chapter:
(1)
Agricultural activity, as defined by this chapter, provided the activities
are performed according to the requirements of 25 Pa. Code Chapter
102.
(2)
Forest management and timber operations, as defined by this chapter,
provided the activities are performed according to the requirements
of 25 Pa. Code Chapter 102.
(3)
Conservation practices, as defined by this chapter, being installed
as part of the implementation of a conservation plan, as defined by
this chapter, written by an NRCS certified planner.
(4)
Domestic landscaping and/or vegetable gardening.
(5)
Installation of additional impervious surface coverage on a lot where
all of the following conditions have been met:
(a)
The lot has a previously approved stormwater management plan
which included stormwater management facilities to handle such future
impervious surface coverage.
(b)
The stormwater management facilities on the approved stormwater
management plan were installed and inspected and approved by the Township
Engineer.
(c)
The Township approved the stormwater management plan not more
than five years before the application to add the impervious surface
coverage was submitted to the Township or, if the Township approved
the stormwater management plan more than five years before the application
to add the impervious surface coverage was submitted to the Township,
there have been no amendments to the design standards of this chapter
between the date of approval of the stormwater management plan and
the submission of the application to add impervious surface coverage.
B.
Installation of 1,000 square feet or less of impervious surface coverage, cumulative from August 6, 2003, the adoption date of Ordinance No. 2003-01, may be exempt from the design, plan submittal, and processing requirements of this chapter if the proposal meets the criteria in this Subsection B. No person or activity is exempted from compliance with the maintenance, fees and expenses and enforcement and penalties sections of this chapter.
(1)
An application for an exemption shall consist of the following:
(a)
Completed exemption and small project application (form on file
at the Township);
(b)
Application fee (in accordance with the Township fee resolution);
and
(c)
All information necessary for the Township to determine compliance
with the following:
[1]
No earth disturbance shall take place within environmentally
sensitive areas, including, but not limited to, floodplains, wetlands,
riparian buffers, wellhead protection areas, existing natural drainageways,
karst features, or slopes greater than 15%.
[2]
No impervious surface coverage shall be installed and no grading
or excavation shall be conducted within any existing drainage or stormwater
easement created by or shown on any recorded plan or document.
[3]
Soil disturbance and erosion during construction activity will
be minimized, and all disturbed areas will be promptly stabilized
with topsoil and vegetation.
[4]
Runoff shall be directed to pervious areas on the subject property
and maximize isolation distances to downstream properties. No runoff
shall be directed onto an abutting street or neighboring property.
[5]
The proposed impervious surface shall not adversely impact any
known problem areas or downstream property owners or the quality of
runoff entering any municipal separate storm sewer system.
[6]
Runoff from the proposed impervious surface shall not create
erosion.
(2)
An application shall not be exempt if the proposed impervious surface coverage is to be located on a lot subject to a Township-approved subdivision plan, land development plan, or stormwater management plan that was designed with stormwater management facilities and associated assumptions regarding impervious coverage, except where the conditions of § 185-12A(5) are met.
(4)
An applicant proposing an installation of more than 1,000 total cumulative
square feet of impervious surface coverage, cumulative from August
6, 2003, shall be required to manage the stormwater for the total
square footage of the installation, and shall not deduct any unused
exemption square footage from the amount of impervious surface coverage
that must be managed.
(5)
No applicant and no activity is exempt from complying with any state
or federal requirements applicable if the subject property is located
in a high quality (HQ) or exceptional value (EV) watershed.
(6)
No applicant and no activity shall violate or cause to be violated
the Federal Clean Water Act,[1] the Pennsylvania Clean Streams Law,[2] or any regulation issued thereunder, an NPDES permit,
any recorded stormwater management or operations and maintenance agreement,
or any requirement applicable to a municipal separate storm sewer
system.
C.
A person seeking to erect a high tunnel shall in all cases be required
to file an application under this chapter. A person seeking an exemption
under this chapter on the basis that the high tunnel is exempted pursuant
to the Stormwater Management Act,[3] as amended by Act 15 of 2018, shall provide all information
necessary to demonstrate that the high tunnel meets the definition
set forth herein and that the proposed high tunnel meets all of the
following requirements:
(1)
The high tunnel or its flooring does not result in impervious area
exceeding 25% of all structures located on the owner's total
contiguous land area; and
(2)
The high tunnel meets one of the following:
(a)
The high tunnel is located at least 100 feet from any perennial
stream or watercourse, public road or neighboring property line.
(b)
The high tunnel is located at least 35 feet from any perennial
stream or watercourse, public road or neighboring property line and
is located on land with a slope not greater than 7%.
(c)
Runoff from the high tunnel flows into a buffer or diversion
system that does not directly drain into a stream or other watercourse
by managing stormwater runoff in a manner consistent with requirements
of this chapter.
(3)
Nothing in this subsection shall be construed to exempt high tunnels from other requirements applicable under federal, state or Township ordinances, including, but not limited to, Chapter 220, Zoning.
(4)
Nothing in this subsection shall apply to impervious surfaces, including,
but not limited to, driveways, parking areas, and loading areas which
may be installed in connection with the high tunnel.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
D.
The Township may deny or revoke any exemption pursuant to this section
at any time for any project that the Township believes may pose a
threat to public health, safety, property or the environment, including,
but not limited to, where the potential exists for stormwater runoff
to adversely affect adjacent or downstream public or private properties.
An application may be processed as a small project if it meets the standards found in this section, does not involve the alteration of stormwater facilities or watercourses, and proposes regulated activities that, measured on a cumulative basis from August 6, 2003, create new impervious areas of less than 2,000 square feet or involve earth disturbance activity of an area less than 5,000 square feet. An application that is not eligible for exemption pursuant to § 185-12 may be processed under this section, subject to all applicable standards found herein.
A.
An application for a small project shall consist of the following:
(1)
Completed exemption small project application (form on file at the
Township).
(2)
Completed small project stormwater management worksheet (form on
file at the Township).
(3)
Completed owner acknowledgement for minor stormwater site plan (form
on file at the Township).
(4)
Minor stormwater site plan, in accordance with applicable standards,
with supporting information including related standard details (form
on file at the Township) and applicable soil testing information.
(5)
Filing fee (in accordance with the Township fee resolution or ordinance).
(6)
Prior to issuance of any permit, a completed stormwater management
agreement and declaration of easement must be signed, notarized and
submitted for recording.
B.
There shall be a five-foot minimum setback between any structural
BMP and any property boundary.
C.
No application is exempt from complying with any state or federal
requirements applicable if the subject property is located in a high
quality (HQ) or exceptional value (EV) watershed.
D.
No applicant and no activity shall violate or cause to be violated
the Federal Clean Water Act[1] or any regulation issued thereunder, an NPDES permit,
any recorded stormwater management or operations and maintenance agreement,
or any requirement applicable to a municipal separate storm sewer
system.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
The following items shall be included as part of the earth disturbance
and stormwater management plan:
A.
The following general information:
(1)
Proposed name or identifying title of the project.
(2)
Name and address of the landowner and developer of the project site
and the individual or firm preparing the plan.
(3)
Total acreage of the project site and the tract of land on which
the project site is located and corresponding deed and tax parcel
references.
(4)
Plan date, date of latest revision, North point, graphic scale, and
written scale. All plans shall be drawn at a common engineering scale.
(5)
A location map, for the purpose of locating the project site to be
developed, at a minimum scale of 2,000 feet to the inch, showing the
relation of the tract to adjoining property and to all streets and
Township boundaries existing within 1,000 feet of any part of the
tract of land on which the project site is proposed to be developed.
(6)
A note on the plan indicating any area that is not to be offered
for dedication along with a statement that the Township is not responsible
for maintenance of any area not dedicated to and accepted for public
use, and that no alteration to facilities, swales, basins, BMPs or
placement of structures shall be permitted within easements unless
approved by the Township.
(7)
Certificate, signed and sealed by an individual currently registered
in the Commonwealth of Pennsylvania and qualified to perform such
duties, indicating compliance with the provisions of this chapter.
Form of certificate is on file with the Township.
(8)
The following certificates when the application is not in conjunction
with the submittal of a subdivision and/or land development plan:
(a)
Certificate for approval by the Township Board of Supervisors.
Form of certificate is on file with Township.
(9)
Stormwater management facility designs shall be prepared in accordance
with the requirements of applicable Act 167 watershed stormwater management
plan relevant to the proposed site, unless the standards within this
chapter are more restrictive.
(10)
In areas of karst geology, a geologic evaluation prepared by
a registered geologist shall be provided. This report shall include
but not be limited to the following: contain remedies to address the
formation of sinkholes and closed depressions in the earth disturbance
area.
(b)
An evaluation and identification of necessary measures to minimize
potential adverse effects from stormwater management facilities designed
over karst geology.
(c)
A plan for remediation of any identified karst features and
remedies to address the formation of sinkholes and closed depressions
in the earth disturbance area. If stormwater management facilities
are to be lined, specific design specification shall be identified
related to the installation of the liner material.
(d)
Impacts of stormwater management facilities on adjacent karst
features, and impacts of karst features on adjacent stormwater management
facilities.
B.
The following existing features:
(1)
Tract boundaries showing distances, bearings, and curve data, as
located by field survey or by deed plotting. All coordinates as depicted
on the plan shall be based on the PA South Zone State Plane Coordinate
System (NAD83 for horizontal).
(2)
Existing topographical data. This information shall be provided by
field survey of contour lines. Contour lines shall be provided at
one-foot vertical intervals for slopes of 5% or less, and at vertical
intervals of two feet for more steeply sloping land. Supplemental
spot elevations shall be provided at all critical grade breaks, controlling
features or areas of existing and/or proposed discharge or tie-in.
Additionally, the bench mark and the datum used shall also be indicated
and based on the PA South Zone State Plane Coordinate System (NAVD88
for vertical).
(3)
The names of all owners of all immediately adjacent land, the names
of all proposed or existing developments immediately adjacent, and
the locations and dimensions of any streets or easements shown thereon.
Recording information shall be provided for all easements and pertinent
prior recorded subdivision and land development plans impacting the
subject property and immediately adjacent lands.
(4)
All physical features, including flood hazard boundaries, wetlands,
sinkholes, streams, lakes, ponds and other water bodies, existing
drainage courses, karst features, areas of native vegetation including
trees greater than six-inch diameter at breast height, woodlands,
other environmentally sensitive areas and man-made features within
200 feet of the development site. Man-made features shall include
the size and location of all utilities (including on-lot disposal
systems and wells) sanitary sewers, and waterlines and associated
easements.
(5)
Overlay of soil types as designated by the USDA SCS Soil Survey of
Lancaster County.
(6)
Designation of limits of on-site watershed areas, including a map
that shows the off-site watershed areas that contribute to any part
of the development site.
(7)
Boundaries of watersheds as identified in a relevant Act 167 watershed
stormwater management plan.
C.
The following proposed features:
(1)
The proposed land use(s), the number of lots and dwelling units and
the extent of commercial, industrial, or other nonresidential uses.
(2)
The locations and dimensions of all proposed streets, parks, playgrounds,
and other public areas; sewer and water facilities, including proposed
on-lot disposal systems, replacement disposal areas, water supply
wells, utilities and associated easements; lot lines and structures,
building locations, and parking compounds and other impervious and
semipervious surfaces.
(3)
The proposed changes to land surface and vegetative cover, including
areas to be cut or filled.
(4)
Proposed topographical data. This information shall be provided contour
lines with supplemental spot elevations at all critical grade breaks,
controlling features or areas of existing and/or proposed discharge
or tie-in. Proposed contour lines shall be provided at one-foot vertical
intervals for slopes of 5% or less, and at vertical intervals of two
feet for more steeply sloping land.
(5)
Plans, profiles and details of all proposed stormwater conveyance
facilities, stormwater management facilities and stormwater BMPs,
including vertical and horizontal alignment, size, and type of material.
This information shall be of the quality and detail required to ensure
the proper construction of all facilities.
(6)
For all basins which hold two acre feet or more of water and have
an embankment that is six feet or more in height, soil structure and
characteristics shall be provided. Plans and data shall be prepared
by a registered professional engineer. These submissions shall provide
design solutions for frost-heave potential, shrink-swell potential,
soil-bearing strength, water infiltration, soil-settling characteristics,
fill and backfilling procedures, and soil treatment techniques as
required to protect the improvements for adjacent structures.
(7)
The type, location, and extent of all temporary and permanent erosion
and sedimentation control measures shall be shown on an erosion and
sedimentation control plan that conforms to the requirements of the
most current version of the E&S Manual and which shall be submitted
to the LCCD for review and approval.
(8)
Data concerning subsoil and rock foundation conditions and the physical
properties of the materials entering into the construction of all
BMPs. The plans shall provide cross sections that depict the relationship
of proposed BMPs to limiting zones and infiltration testing depths.
(9)
A planting plan shall be provided for all vegetated BMPs in accordance
with the following:
(a)
Native or naturalized/noninvasive vegetation suitable to the
soil and hydrologic conditions of the development site shall be used
unless otherwise specified in the BMP Manual.
(b)
Invasive vegetation may not be included in any planting schedule.
[See Invasive Plant Species List published by the Pennsylvania Department
of Conservation and Natural Resources (DCNR).]
(c)
The limit of existing, native vegetation to remain shall be
delineated on the plan along with proposed construction protection
measures.
(d)
Prior to construction, a tree protection zone shall be delineated
at the dripline of the tree canopy. All trees scheduled to remain
during construction shall be marked; however, where groups of trees
exist, only the trees on the outside edge need to be marked. A forty-eight-inch-high
snow fence or forty-eight-inch-high construction fence mounted on
steel posts located eight feet on center shall be placed along the
tree protection boundary. No construction, storage of material, temporary
parking, pollution of soil, or regrading shall occur within the tree
protection zone.
(e)
All planting shall be performed in conformance with good nursery
and landscape practice. Plant materials shall conform to the standards
recommended by the American Association of Nurseryman, Inc., in the
American Standard of Nursery Stock.
(11)
All existing and proposed easements, including drainage easements,
access easements and riparian buffer easements.
D.
Written hydrologic and hydraulic narrative report and structural
computations for all stormwater facilities, and an erosion and sedimentation
narrative report including or prepared in accordance with the following:
(1)
A stormwater management plan narrative, including a description of
the permanent technics, nonstructural BMPs to be employed and construction
specifications for structural facilities and a description of how
the facilities are intended to function individually and as a treatment
system. The report shall include stormwater runoff calculations for
both predevelopment and post- development conditions for rate control,
volume control and pollutant removal.
(2)
An erosion and sedimentation control plan narrative that conforms
to the requirements of the E&S Manual and provides a description
of all erosion and sedimentation control measures, temporary as well
as permanent, including the staging of earth disturbance activities,
sufficient in detail to clearly indicate their function.
(3)
Ownership and maintenance plan in accordance with the requirements
of this chapter.
(4)
For all proposed detention basins and retention basins, and temporary
sedimentation basins, the documentation shall include a plotting or
tabulation of storage volumes with corresponding water surface elevations
and the outflow rates for those water surfaces.
(5)
For all proposed BMPs, detention basins and retention basins, and
temporary sediment basins, documentation shall set forth the design
hydrology, and the shortcut routing method or a method of equal caliber
acceptable to the Township Engineer or Township Board of Supervisors
utilized to determine the function of the basin.
(6)
A Pennsylvania Department of Transportation highway occupancy permit
for any stormwater management facility proposed within the right-of-way
of a state road or adjacent to a state road right-of-way and deemed
to impact the roadway or roadway drainage system.
(7)
For any activities that require a DEP joint permit application and
are regulated under Chapter 105 or Chapter 106[1] or require any other permit under applicable state or
federal regulations, the permit(s) shall be part of the stormwater
management site plan and must be obtained prior to unconditional final
plan approval.
[1]
Editor's Note: See 25 Pa. Code Chapters 105 and 106.
(8)
An E&S control plan, including all approvals, as required by
25 Pa. Code Chapter 102, shall be provided to the Township prior to
unconditional final plan approval.
A.
Applicants are encouraged to schedule a pre-application meeting to
review the overall stormwater management concept with the Township
staff/engineer. The pre-application meeting is not mandatory and shall
not constitute formal filing of a plan with the Township. Topics discussed
may include the following:
(1)
Available geological maps, plans and other available data.
(2)
Findings of the site analysis including identification of any environmentally
sensitive areas, wellhead protection areas, riparian buffers, hydrologic
soil groups, existing natural drainageways, karst features, areas
conducive to infiltration to be utilized for volume control, etc.
(3)
Results of infiltration tests.
(5)
The conceptual project layout, including proposed structural and
nonstructural BMPs.
B.
An application for a stormwater management permit may be submitted to the Township on any business day. In the event that a question arises as to whether a proposed activity requires a stormwater management permit, the landowner or developer shall furnish the Township with such information as the Township Engineer may deem necessary to determine whether the proposed activity constitutes a regulated activity. A decision by the authorized Township representative may be appealed to the Board of Supervisors in accordance with § 185-37 herein.
C.
At its sole discretion and in accordance with this article, when
a stormwater management site plan is found to be deficient, the Township
may either disapprove the submission and require a resubmission, or
in the case of minor deficiencies, the Township may accept submission
of revisions.
D.
The applicant is responsible for submitting plans to any other agencies
such as the LCCD, PennDOT, DEP, etc., when permits from these agencies
are required. Copies of all information submitted to these agencies
shall be provided to the Township, including plans, calculations,
worksheets, etc. Final approval shall be conditioned upon the applicant
obtaining all necessary permits.
E.
If an application for a stormwater management permit is submitted in conjunction with an application for subdivision and/or land development approval submitted to the Township in accordance with the requirements of Chapter 194, Subdivision and Land Development, the landowner shall submit the required number of copies and follow all other procedural requirements as set forth in Chapter 194, Subdivision and Land Development. The application for a stormwater management permit shall be considered a part of the application for subdivision and/or land development approval, and the Township shall act upon that application at the time it acts upon the application for subdivision and/or land development approval.
F.
Applications for a stormwater management permit which are not submitted to the Township in conjunction with an application for subdivision and/or land development approval shall adhere to the procedures in this Subsection F.
(1)
The Township staff may review the application with the Township Engineer,
Township Solicitor, the LCCD, and other municipal officials or agencies
in order to make recommendations to the Board of Supervisors whether
to approve, conditionally approve, or disapprove the application.
(2)
The Township Board of Supervisors shall, within 90 days from the
first regular meeting of the governing body following receipt of a
complete application, issue a permit or disapprove the application
and transmit the decision, in writing, to the applicant. Failure of
the Township to render a decision and communicate it as prescribed
above shall be deemed an approval unless the time period is extended
by the applicant.
(3)
A notice of disapproval shall cite the reasons for disapproval.
G.
Township approval of an application for a stormwater management permit
shall not be considered as an indication that the application complies
with the standards of any agency of the commonwealth or meets the
requirements of any other Township ordinance or regulation. The Township
may approve a stormwater management permit subject to the condition
that the landowner obtain other required permits and approvals, in
which case the landowner shall not be entitled to commence development
authorized by such conditional stormwater management permit until
presenting the Township with evidence that the landowner has obtained
such other required permits or approvals.
H.
After all conditions of approval are met, the applicant shall submit
paper copies, signed and sealed by the plan preparer, to the Township
for certification. The stormwater management plan shall be filed with
the office of the Lancaster County Recorder of Deeds within 90 days
from the date the applicant is notified that all conditions of approval
are met. One paper copy of the recorded plan set shall be returned
to the Township and one electronic copy shall be provided. No earth
disturbance or construction may commence until the stormwater plan
has been filed with the office of the Lancaster County Recorder of
Deeds and the copies of the recorded plan are provided to the Township.
An application for a stormwater management permit for a regulated activity, as defined in § 185-10 of this chapter, shall include the following items:
A.
One completed paper copy of the application for a stormwater management
permit (on file at the Township).
B.
Paper copies of the stormwater management plan or earth disturbance
plan and calculations and supporting information prepared in accordance
with this chapter. All plans and supporting information shall be submitted
in a format that is clear, concise, legible, neat and well organized.
Required number of paper copies as specified on application for stormwater
management permit.
C.
Electronic copy of application for stormwater management permit,
plans, and all supporting documents.
D.
Filing fee and/or permit fee as established by resolution or ordinance
from time to time
A.
The provisions of this chapter not relating to water quality are
intended as minimum standards for the protection of the public health,
safety, and welfare. The Township reserves the right to modify or
to extend them conditionally in individual cases as may be necessary
in the public interest; provided, however, that such variation shall
not have the effect of nullifying the intent and purpose of this chapter.
No waiver or modification of any regulated stormwater activity involving
earth disturbance greater than or equal to one acre may be granted
by the municipality unless that action is approved in advance by the
PADEP or the LCCD. The Board of Supervisors may grant a waiver or
modification from literal compliance with mandatory provisions of
the chapter not related to water quality if the applicant can demonstrate
either:
(1)
That compliance is unreasonable, or would cause undue hardship as
it applies to a particular property (however, cost or financial burden
shall not be considered a hardship); or
(2)
That an alternative proposal will allow for equal or better results
and secure substantially the objectives of the standard requirements
of this chapter.
B.
The list of all waivers or modifications, along with an explanation
of and justification for each modification, shall be included on the
plan. This section does not apply during an enforcement action.
C.
Additionally, the Board of Supervisors may hear and decide appeals, in accordance with § 185-37, where it is alleged that the authorized Township representative has failed to follow prescribed procedures or has misinterpreted or misapplied any provisions of the chapter.
D.
The approval of the waiver or appeal shall not have the effect of
making null and void the intent and purpose of the chapter. In the
approval of a waiver or appeal, the Board of Supervisors may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements of the chapter.
E.
Application procedures (waiver). All requests for waivers shall be
processed in accordance with the following:
(1)
A request for a waiver shall be submitted to the Township. The request
shall be made in writing and identify:
(3)
The Board of Supervisors shall, following the consideration of the
request, take such public action as it shall deem advisable and notify
all parties involved of the action. Such notice shall cite the findings
and reasons for the deposition of the waiver or appeal. Failure of
the Board of Supervisors to render a decision and communicate it as
prescribed above shall be deemed an approval unless the time period
is extended by the applicant.
A.
All stormwater management permits shall expire 24 months from the
date of issuance unless an extension of time is approved. An extension
of an unexpired stormwater management permit shall be issued by the
Board of Supervisors following the submission of a written request
from the applicant if, in the opinion of the Board of Supervisors,
the subject property or affected surrounding area has not been altered
in a manner which requires alteration to the stormwater or earth disturbance
plan.
B.
The refusal of an extension of time shall cite the reasons for such
refusal. The applicant may refile the request for extension of a stormwater
management permit after the reasons for refusal are addressed.
C.
A stormwater management permit shall not expire while a request for
an extension is pending.
D.
If a certificate of completion as required by this chapter has not
been submitted within the specified time period, then the Township
may consider the stormwater management site plan disapproved and may
revoke any and all permits issued by the Township. Stormwater management
plans that are considered disapproved by the Township may be resubmitted
in accordance with this chapter.
A.
The Township shall, prior to issuing a stormwater management or earth
disturbance permit, require financial security to be posted for all
stormwater management facilities, including erosion and sedimentation
measures and BMPs as required by the approved plan.
B.
Where required, the developer shall file with the Township financial
security in an amount sufficient to cover the costs and installation
of the stormwater management facilities, including any inspection
fees reasonably expected to be incurred by the Township. Federal or
commonwealth chartered lending institution irrevocable letters of
credit and escrow accounts shall be deemed acceptable financial security.
Letters of credit shall be posted with a federal or commonwealth chartered
lending institution chosen by the developer, provided said lending
institution is authorized to conduct such business within the commonwealth.
Escrow accounts shall be established in such financial institutions
as may be designated by the Township.
(1)
Such security shall provide for, and secure to the public, completion
of the stormwater management facilities within one year of the date
fixed on the permit for such facilities. The amount of financial security
shall be equal to 110% of the cost of the required facilities for
which financial security is to be posted.
(2)
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Board of Supervisors,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township Engineer are unable to agree upon an estimate, then
the estimate shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Board of Supervisors and applicant or developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the Township and the applicant or developer.
A.
At the completion of the project, and as a prerequisite for the release
of the financial security, the developer or his representative shall
provide a certificate of completion from a registered engineer, architect,
surveyor, or other qualified person verifying that all permanent stormwater
facilities and related improvements have been constructed according
to the approved plans and specifications and approved revisions thereto.
Certification shall be provided on a set of record drawings. When
a digital submission of record drawings is required, all coordinates
as depicted on the plan shall be based on the PA South Zone State
Plane Coordinate System (NAD83 for horizontal and NAVD88 for vertical).
B.
After receipt of the record drawing with certification of completion,
a final inspection shall be conducted by the Township Engineer or
other person designated by the Township to certify compliance with
this chapter.
